Royal Decree-Law 3/2015, 22 March, Whereby An Additional And Extraordinary Public Employment Offer Expected To Fight Fraud In Public Services, For The Promotion Of The Functioning Of The Administration Of Justice And In A...

Original Language Title: Real Decreto-ley 3/2015, de 22 de marzo, por el que se prevé una oferta de empleo público extraordinaria y adicional para luchar contra el fraude en los servicios públicos, para el impulso del funcionamiento de la Administración de Justicia y en a...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-3030

(I) the results that, in recent times, contain various economic indicators, show that the budgetary stability and financial sustainability are not only two pillars on which rests the economic and budgetary performance of public administrations, they are revealed as two key elements to ensure the reduction of the public deficit, economic growth and job creation.

To ensure proper compliance with these principles, which are presented as unavoidable in action economic financial administrations, is needed only with proper planning and regulation that allow a correct and efficient allocation of public resources, which leads from the point of view of public revenue, the need to provide , both of the framework legal necessary, as of them media materials, and above all, personal, that allow the correct and full application of said regime legal.

He system tax existing, in concrete, it recent reform of the law of the tax on the income of them people physical, advances of form decided in this line of ensure it efficiency in the allocation of resources, what allows not only ensure it sustainability financial of them administrations public, but also stimulate the growth economic and it creation of employment without neglecting the attention to the collective more disadvantaged.

However, this system would be incomplete but not contase with the necessary means to ensure its correct performance, namely of anything that would serve the most complete model and even-handed.

Combat circumvention and fraud, both in the field of tax and in the field of social security contributions, only escaping properly if it has the appropriate personal media.

In this sense, and due to budgetary restrictions in the past, human resources that have been incorporated into the service of the Administration intended for the fight against fraud in its various aspects are insufficient to carry out different actions of control and inspection that would be required, by what is presented how imperative the need to incorporate new media staffs coming to redouble the efforts that are needed in this regard.

Reduction of tax fraud is to increase public revenue that public administrations must have access in order to satisfy the general interest; but this also an element essential to allow that the reduction of the pressure fiscal and, by ende, the growth economic and the creation of employment, as already is has indicated.

All of this would justify the incorporation of new positions to those already provided for in the offer of public employment for inspection bodies and fight against fiscal and social fraud through modification of the restocking fee established by the law on the State budget by 2015.

II while the fight against tax fraud, to the extent that it is essential to ensure the budgetary stability and financial sustainability, by itself is already an element that would allow the adoption of urgent and extraordinary measures, is necessary to keep in mind that compliance with these principles not only guarantee with a correct allocation of public resources , but is also necessary to combat actions interfering in the various fields of the public in the observance of the principles or the achievement of the reduction of the public deficit, which requires strengthening the personal media intended for control in the most deprived areas of them.

In this case, and for the achievement of these objectives, is precise reinforce of way immediate them media personal destined to them functions of control and control internal of the management financial and budgetary, the accounting, Treasury and fundraising, and the advice legal, functions public necessary in all them corporations local, whose responsibility administrative is reserved to officials of administration local with enabling of character national thus to respond to the demands of management and rationalization of law 27/2013, of 27 of December, rationalization and sustainability of Local Administration and the increase in the content of the functions of economic control in the framework of the rules of budgetary stability and financial sustainability.

III one of them parameters that is contemplates at the time of rating the economy of a country and, therefore, the realization of investments in the same, is it security legal that the same offers, both in terms of quality and advertising of them standards, as with regard to the stability and warranty of compliance of them same.

In this case, the last of the fulfilment of the right warranty applies to judicial bodies, whose maximum expression are the judges and courts. However, and without prejudice to the relevant role that constitutional and legally to those, it is necessary to point out that the last operated procedural reforms have come to incorporate new powers in favour of the Secretaries of Justice, essential for the proper promotion of judicial processes calling the citizens and businesses.

It is necessary to reduce the deadlines for processing of processes which is, without a doubt, in a Justice of higher quality that it is reflected in the economic sphere, through the attraction of new investments in our country, which is a clear incentive for economic growth and job creation.

Therefore, there is no delay the implementation of measures to achieve this end, which would highlight the incorporation of new judicial secretaries, who are responsible for the Judicial Office and, therefore, guarantee the effectiveness and efficiency in the resolution of judicial affairs.

IV as has designated in different occasions the Court constitutional, corresponds to the Government appreciate what is the time or the situation economic more appropriate for adopt measures of political economic general, can adopt is them same, when so is precise, through the approval of provisions legislative provisional and of efficiency immediate as them contained in a Real Decree-law.

All the arguments put forward to justify appropriately enough the extraordinary and urgent need for the adoption of the present Royal Decree-law.

Virtue, in application of the authorization contained in article 86 of the Spanish Constitution, on the proposal of the Minister of finance and public administration, after deliberation by the Council of Ministers at its meeting of March 20, 2015, HAVE: article 1. Complementary offer in the scale of civil servants of local administration with national rating.

In 2015 is authorized, in addition to the number of seats allocated in the distribution of the restocking fee foreseen in article 21 of law 36/2014, of 26 December, the State budget for the year 2015, the call of up to 200 seats on the scale of Local administration officials with national rating to comply with the provisions laid down in the law 27/2013, of 27 December, rationalization and sustainability of the Local Administration.

The subscales corresponding provided for in article shall be specified in requests that are made for the squares that are now authorized. 92 bis of Act 7/1985, of 2 April, regulating the bases of local government.

Article 2. Complementary offer in the field of the fight against tax fraud and the control of expenditure.

In the year 2015 is authorizes, additionally to the number of squares assigned in the distribution of the rate of replacement planned in the article 21 of the law 36 / 2014, of 26 of December, of budgets General of the State for the year 2015, the call of 294 squares in the field of the fight against the fraud fiscal and the control of the expenditure , of which 30 squares in the body Superior of inspectors of Hacienda of the State, 10 squares in the body Superior of Auditors and auditors of the State, 194 squares in the body technical of Hacienda, 30 squares in the body technical of audit and accounting, and 30 squares in the body General administrative of the administration of the State, specialty of agents of the Hacienda public , through the system of incorporation again personal to perform their functions in the Ministry of Hacienda and administrations public and in the Agency State of Administration tax.

Article 3. Offer complementary in the field fighting labor fraud and Social Security.


In the year 2015 is authorized, in addition to the number of seats allocated in the distribution of the restocking fee foreseen in article 21 of law 36/2014, on December 26, from the State budget for the year 2015, the call for 150 seats in the field of the fight against occupational fraud and Social Security , of which 19 seats in the upper body of inspectors of work and Social Security, 13 places in the upper body of Auditors and auditors of the management of the safety Social, 5 squares in the upper body of lawyers in the administration of the Security Social, 25 seats in the upper body of technical of the administration of the Security Social , 43 squares in the body of Subinspectors of employment and of Security Social, 27 squares in the body of management of the administration of it security Social, and 18 squares in the body of management of it administration of Security Social, specialty of audit and accounting, through the system of incorporation again personal for play their functions in the Ministry of employment and security Social and in them entities managing of the Security Social.

Article 4. Offer complementary in the field of the administration of Justice.

In 2015 is authorized, in addition to the provisions of law 36/2014, of 26 December, the State budget for the year 2015, call for 160 seats in the body of court clerks, to carry out their functions within the scope of the courts that make up the administration of Justice.

In accordance with the provisions of organic law 6/1985, of 1 June, the judiciary, fifty per cent of the squares that are authorized are reserved for his provision for the system of internal promotion in the terms provided for in paragraph 2 of Article 442 of the indicated norm, increasing, which are not covered by this procedure , the call for free time, with the maximum limit of the squares that are authorized in the preceding paragraph.

Article 5. Quota of persons with disabilities.

Calls for selective evidence which result from the provisions of articles 1, 2 and 3 of this Decree Law will reserve a quota not lower to seven per cent of the total number of vacancies to its coverage among people with disabilities.

The calls of tests selective that is made in accordance with it indicated in the article 4 of this real decree law, reserved a fit not lower to the five percent of the total of squares included in the cited article for your coverage between people with disability, in accordance with it established in the law organic 6 / 1985, of 1 of June , of the power Judicial.

Sole final provision. Entry into force.

This Royal Decree shall enter into force the day following its publication in the "Official Gazette".

Given in Madrid, on March 22, 2015.

PHILIP R.

The Prime Minister, MARIANO RAJOY BREY